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California Court of Appeal Explains Qualification for Mental Health Diversion Under Pen. Code § 1001.36, Rules Defendant Qualified for Pretrial Mental Health Diversion
by David M. Reutter
The Court of Appeal of California, Fourth Appellate District, issued a writ of mandate directing a trial court to grant a defendant’s request for mental health diversion. At issue was the application of Stats. 2018, ch. 1005, which recognizes that incarceration of certain persons with ...
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More from this issue:
- Cold Case Killer Kelly Siegler Is a True-Crime Celebrity. Did She Frame an Innocent Man for Murder?, by Jordan Smith, Liliana Segura
- Breakthrough in Burn Victim Identification: Ancient DNA Tech Offers New Hope, by Jo Ellen Nott
- Tenth Circuit Announces Assault Conviction Under 18 U.S.C. § 113(a)(6) Not a Qualifying Predicate ‘Crime of Violence’ for Purposes of USSG § 2K2.1(a)(3), by Douglas Ankney
- New York Court of Appeals Announces ‘Due Diligence’ Is Applicable Standard for Certificate of Compliance Regarding Discovery Obligations and Trial Readiness, Improper Certificate Is ‘Illusory” and Fails to Toll Speedy Trial Clock, by Matthew Clarke
- Ohio Supreme Court Announces Same Postconviction-Relief Filing Deadline Applies to ‘Delayed Appeal’ as Applies to Any Other Type of Direct Appeal, by Douglas Ankney
- Federal Habeas Corpus: Getting Around Procedural Default, by Dale Chappell
- New NIJ-Funded Website Assists Forensic Practitioners Estimate Age of Unidentified Skeletal Remains of Infants and Teens Based on Dental Data, by Douglas Ankney
- $3.76 Million Awarded to Denver Grandmother for SWAT Raid of Home Based on Inaccurate iPhone Ping, by Jo Ellen Nott
- Minnesota Supreme Court Announces Good-Faith Exception to Exclusionary Rule Under State Constitution Does Not Apply to Search and Arrest Based on Quashed Warrant That Appears Active Due to Clerical Error by Court Administration, by Douglas Ankney
- California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition, by Douglas Ankney
- Tennessee Supreme Court Announces Prospective Abrogation of Common Law Accomplice-Corroboration Rule, by Douglas Ankney
- Surveillance Tech Companies Compose Self-Promoting Press Releases for Cops That Media Lazily Regurgitates, by Matthew Clarke
- South Carolina Supreme Court: Confession Involuntary Where Police Provide Miranda Warnings Then Tell Defendant Statements Are Confidential, by Sam Rutherford
- Ninth Circuit Announces That Asking About Parole Status During Traffic Stop Does Not Violate Fourth Amendment, by Sam Rutherford
- UN Human Rights Committee Report: ICE Electronic Data Surveillance Practices Violate Human Rights Law, by Matthew Clarke
- Fourth Circuit Announces ‘Sentencing Package Doctrine’ Permits District Court to Resentence Both Covered and Noncovered Offenses Under First Step Act, by Sam Rutherford
- ‘Asian Nazis’ Be Damned: Cops Coveting AI for 2024, by Michael Thompson
- Prosecutors Receive Absurdly Lenient Sentence of Probation for Brady Violation That Resulted in an Innocent Man Spending More Than Four Years in Prison, by Douglas Ankney
- Federal Government Proposes Reclassifying Marijuana as Less Dangerous Schedule III Drug in Historic Policy Shift, by Jo Ellen Nott
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- SCOTUS Announces Federal Sentence Under ACCA Based on Federal Classification of Drug at Time of State Court Proceeding, by Sam Rutherford
- California Court of Appeal Explains Qualification for Mental Health Diversion Under Pen. Code § 1001.36, Rules Defendant Qualified for Pretrial Mental Health Diversion, by David Reutter
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- Sixth Circuit Grants Habeas Relief on Ineffective Assistance of Counsel and Batson Claims, by Sam Rutherford
- News in Brief
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- Oregon DOC Investigation Puts Top Medical Officials on Leave, Feb. 15, 2025. Systemic Medical Neglect, Malpractice, Staffing, Mental Health, Official Investigation.
- Mentally Incompetent Maine Defendants Sent to South Carolina Wellpath Lockup Called “Essentially Prison”, Jan. 15, 2025. Private Contractors, Bankruptcy, Mental Health, Involuntary Treatment/Drugging.
- Biden Commutes Sentences of Most Federal Prisoners on Death Row, Jan. 15, 2025. Alternative Sentencing, Death Penalty/Death Row, Resentencing.
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024. Medical, Wrongful Death, Mental Health.
- North Carolina Expands Supervision for Mentally Ill Probationers, Oct. 15, 2024. Mental Health, Lifetime Supervision.
- Mentally Ill Detainee Allegedly “Stomped” In the Head By South Carolina Jailer, Oct. 15, 2024. Guard Brutality/Beatings, Mental Health, Failure to Treat (Mental Illness).
- Watchdog Calls for Hawaii Prisons, Jails to Stop Using Restraint Chairs, Oct. 15, 2024. Restraints, Medical Neglect/Malpractice, Mental Health.
- Pilot Jail Diversion Program Opens for Mentally Ill Arrestees in Austin, Aug. 15, 2024. Advocacy, Mental Health.
- Federal Judge Calls BOP Brooklyn Lockup Too Deplorable to House Defendant, Aug. 15, 2024. Bail Bonds, Mental Health, Bureau of Prisons (BOP).
- Behavioral Health Experts Claim Head Movement While Speaking Indicator Whether Women Are Psychopathic, Aug. 15, 2024. Mental Health, Mental Health Experts.